[2007] KEHC 2554 (KLR)

[2007] KEHC 2554 (KLR)

The court found that there was merit in the application for revision and that the interests of justice required the transfer of the criminal case from the Chief Magistrate's Court at Naivasha to the Senior Resident Magistrate's Court at Narok. The court exercised its revisionary jurisdiction under the Criminal...

Source-derived case information.

Citation
[2007] KEHC 2554 (KLR)
Parties
Applicant: Republic; Respondent: Etabo I. Muya; Respondent: Partolon Ole Pere; Respondent: Robert Kioko Ngumi; Respondent: David Njoroge Kamau
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Revision 50 of 2007
Procedural Posture
Criminal Revision / Application for Revision and Transfer of Proceedings
Outcome
Application for revision allowed; criminal case transferred to Narok.
Judges
FI Koome
Legal Topics
Revisionary Jurisdiction, Transfer of Criminal Cases
Source Language
en
Criminal Law Revisionary Jurisdiction Transfer of Criminal Cases

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Parties

Republic

Applicant

Etabo I. Muya

Respondent

Partolon Ole Pere

Respondent

Robert Kioko Ngumi

Respondent

David Njoroge Kamau

Respondent

Procedural Posture

Criminal Revision / Application for Revision and Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court should exercise its revisionary powers to transfer the criminal case to another court for hearing and determination.

Ratio Decidendi

The court found that there was merit in the application for revision and that the interests of justice required the transfer of the criminal case from the Chief Magistrate's Court at Naivasha to the Senior Resident Magistrate's Court at Narok. The court exercised its revisionary jurisdiction under the Criminal Procedure Code, determining that the transfer would facilitate the fair and efficient hearing and determination of the matter. Accordingly, the file was ordered transferred and a mention date set for further directions.

Court Disposition

Application for revision allowed; criminal case transferred to Narok.

Orders

  • The file is hereby transferred to the Senior Resident Magistrate’s Court at Narok.
  • The matter shall be mentioned on 21/5/2007 for the purpose of fixing a hearing date.